This study analyses judicial approaches to sentencing offenders under the age of 18 convicted of serious crimes and their adult counterparts. It traces sentencing patterns, trends and shifts from 1950 to 2009 with reference to key moments. The study seeks to identify factors that determine the choice of sentence. Indeed, competing penal theories appear to be behind judicial decisions. In this regard it is claimed that although it is difficult to identify the extent of factors considered in sentencing decisions, seriousness of crime seems to carry more weight than the prior record and age factor in the selection of a sentence. The study applied both quantitative and qualitative methodologies, using primary or historical and secondary sources of data collection. This involved studying real court cases, the observation of trials and interviews with Wynberg regional court magistrates, Mitchells Plain regional court magistrates and Cape High Court Judges as part of primary-historical data collected. Penal statistics and data gathered included law reports, penological literature was analysed and computerised, and philosophical interpretation of findings was used. The study concludes that sentencing approaches are still marked by inconsistency and vagueness, which require to be improved by ongoing assessment within the courts in pursuit of balanced sentencing that meets various goals. It is pointed out that there are variations between the courts, and among different regional magistrates and judges, which require to be justified in the light of the divergences in crime seriousness and offenders alike. The study claims that sentencing is a complex and multifaceted phenomenon, involving history, law and sociology. It further recommends that persons under the age of 18 convicted of serious crime should be accorded less culpability compared to adults with regard to sentence severity. / Criminology / D. Litt. et Phil. (Penology)

Text in Afrikaans / Hierdie proefskrif is 'n poging om vanuit 'n Penologiese perspektief 'n teoreties-prinsipiele uiteensetting te gee betreffende restitusie aan die slagoffer van misdaad. Die doel van hierdie studie was om deur navorsing tot insig en kennis te kom betref f ende die vraagstuk rondom slagof fervergoeding en meer spesifiek restitusie as slagoffervergoeding. Die proef skrif behels 'n beskrywing van slagoffervergoeding vanaf die vroegste tye wat as die historiese ontwikkeling van slagoffervergoeding gesien kan word tot en met die tydsvlak waarin die strafreg horn nou bevind. Restitusiestelsels van Brittanje, die Verenigde State van Amerika en vyf Europese lande is bespreek. Die Republiek van Suid Afrika beskik nie oor 'n kompensasie of restitusiestelsel om slagoffers te vergoed nie en daarom is slegs die status wat die slagof fer in die strafproses beklee, bespreek. Gedurende die bestudering van die onderskeie lande se restitusiestelsels kon selfs binne die Europese Unie, geen eenstemmige beleid gevind word ten opsigte van die omvang van restitusie aan die misdaadslagoffer nie. In al die lande wat bestudeer is was die doelstellings waarom restitusie ingestel is egter die.slfde naamlik dat die tradisionele strafmetodes waaronder gevangenisstraf en ondertoesigstelling gefaal het in hul pogings om die slagoffer van misdaad te akkommodeer. Navorser het tot die gevolgtrekking gekom dat gesien teen die swak posisie wat die slagoffer van misdaad in Suid-Afrika beklee, die instelling van 'n restitusiestelsel 'n dringende noodsaaklikheid geword het. Die stelsel moet funksioneer vanuit die ondertoesigstellingsdepartement met as ondertoesigstellingsbeamptes as inyorderaars van restitusie wat ook as bemiddelaars kan optree. Aanbevelings is ook gedoen vir die implimentering van 'n sentrale slagoffervergoedingsfonds. / This desertion is an attempt to present, from a Penological perspective, a theoretical fundamental exposition regarding restitution to the victim of crime. The purpose of this study was to, through research, gain insight and knowledge with regard to the question of victim compensation and more specific restitution as victim compensation. The dissertation comprises a description of victim compensation from the earliest of times, which can be seen as the historical development of victim compensation, until the time period that criminal law finds itself in today. Restitution systems of Britain, the United States of America and five European countries are discussed. The Republic of South Africa does not possess a Compensation or restitution system to compensate victims and therefore only the status of the victim in the criminal process is discussed. During the study of different countries's restitution systems there could, not even in the European Union, agreement be found with regard to the extent of restitution to the victim of crime. In all of the countries studied, the purposes why restitution were emplaced were the same, namely that the traditional punishment process, where under imprisonment and under supervision, failed in their attempts to accommodate the victim of crime. Research came to the conclusion that, taken against the bad position that the victim of crime in South Africa holds, the emplacement of a restitution system have become a necessity. The system should function from the under supervisory department with the supervisory officials as collectors of restitution and which could also act as mediators. Recommendations are done for the implementation of a central victim compensation fund.· / Sociology / D. Litt. et Phil. (Penologie)

Penology / (M.A. (Penology)

This study analyses judicial approaches to sentencing offenders under the age of 18 convicted of serious crimes and their adult counterparts. It traces sentencing patterns, trends and shifts from 1950 to 2009 with reference to key moments. The study seeks to identify factors that determine the choice of sentence. Indeed, competing penal theories appear to be behind judicial decisions. In this regard it is claimed that although it is difficult to identify the extent of factors considered in sentencing decisions, seriousness of crime seems to carry more weight than the prior record and age factor in the selection of a sentence. The study applied both quantitative and qualitative methodologies, using primary or historical and secondary sources of data collection. This involved studying real court cases, the observation of trials and interviews with Wynberg regional court magistrates, Mitchells Plain regional court magistrates and Cape High Court Judges as part of primary-historical data collected. Penal statistics and data gathered included law reports, penological literature was analysed and computerised, and philosophical interpretation of findings was used. The study concludes that sentencing approaches are still marked by inconsistency and vagueness, which require to be improved by ongoing assessment within the courts in pursuit of balanced sentencing that meets various goals. It is pointed out that there are variations between the courts, and among different regional magistrates and judges, which require to be justified in the light of the divergences in crime seriousness and offenders alike. The study claims that sentencing is a complex and multifaceted phenomenon, involving history, law and sociology. It further recommends that persons under the age of 18 convicted of serious crime should be accorded less culpability compared to adults with regard to sentence severity. / Criminology and Security Science / D. Litt. et Phil. (Penology)

Text in Afrikaans / Hierdie proefskrif is 'n poging om vanuit 'n Penologiese perspektief 'n teoreties-prinsipiele uiteensetting te gee betreffende restitusie aan die slagoffer van misdaad. Die doel van hierdie studie was om deur navorsing tot insig en kennis te kom betref f ende die vraagstuk rondom slagof fervergoeding en meer spesifiek restitusie as slagoffervergoeding. Die proef skrif behels 'n beskrywing van slagoffervergoeding vanaf die vroegste tye wat as die historiese ontwikkeling van slagoffervergoeding gesien kan word tot en met die tydsvlak waarin die strafreg horn nou bevind. Restitusiestelsels van Brittanje, die Verenigde State van Amerika en vyf Europese lande is bespreek. Die Republiek van Suid Afrika beskik nie oor 'n kompensasie of restitusiestelsel om slagoffers te vergoed nie en daarom is slegs die status wat die slagof fer in die strafproses beklee, bespreek. Gedurende die bestudering van die onderskeie lande se restitusiestelsels kon selfs binne die Europese Unie, geen eenstemmige beleid gevind word ten opsigte van die omvang van restitusie aan die misdaadslagoffer nie. In al die lande wat bestudeer is was die doelstellings waarom restitusie ingestel is egter die.slfde naamlik dat die tradisionele strafmetodes waaronder gevangenisstraf en ondertoesigstelling gefaal het in hul pogings om die slagoffer van misdaad te akkommodeer. Navorser het tot die gevolgtrekking gekom dat gesien teen die swak posisie wat die slagoffer van misdaad in Suid-Afrika beklee, die instelling van 'n restitusiestelsel 'n dringende noodsaaklikheid geword het. Die stelsel moet funksioneer vanuit die ondertoesigstellingsdepartement met as ondertoesigstellingsbeamptes as inyorderaars van restitusie wat ook as bemiddelaars kan optree. Aanbevelings is ook gedoen vir die implimentering van 'n sentrale slagoffervergoedingsfonds. / This desertion is an attempt to present, from a Penological perspective, a theoretical fundamental exposition regarding restitution to the victim of crime. The purpose of this study was to, through research, gain insight and knowledge with regard to the question of victim compensation and more specific restitution as victim compensation. The dissertation comprises a description of victim compensation from the earliest of times, which can be seen as the historical development of victim compensation, until the time period that criminal law finds itself in today. Restitution systems of Britain, the United States of America and five European countries are discussed. The Republic of South Africa does not possess a Compensation or restitution system to compensate victims and therefore only the status of the victim in the criminal process is discussed. During the study of different countries's restitution systems there could, not even in the European Union, agreement be found with regard to the extent of restitution to the victim of crime. In all of the countries studied, the purposes why restitution were emplaced were the same, namely that the traditional punishment process, where under imprisonment and under supervision, failed in their attempts to accommodate the victim of crime. Research came to the conclusion that, taken against the bad position that the victim of crime in South Africa holds, the emplacement of a restitution system have become a necessity. The system should function from the under supervisory department with the supervisory officials as collectors of restitution and which could also act as mediators. Recommendations are done for the implementation of a central victim compensation fund.· / Sociology / D. Litt. et Phil. (Penologie)

This study assessed the implementation of learner discipline policies in the Graaff Reinet District in four township Secondary schools. The study arose as a result of the decline of learner discipline in secondary schools. This study is located in the interpretive paradigm and adopted a qualitative research approach in the collection of data. It employed triangulation to collect data and obtained valuable information on the implementation of learner discipline policies. Four township secondary schools in the Graaff Reinet District were purposively selected for the sample in this study. Semi-structured interviews, focus groups of learners and parents Data has revealed that schools were using different strategies to implement learner discipline such as Code of Conduct, Disciplinary hearing, Safety and Security Committee, Educators, Corporal Punishment, Alternative methods to Corporal Punishment and the role parents. Data revealed that there has been no success in implementing learner discipline strategies. There were a number of limitations in implementing policies to maintain learner disciplines which were identified in the study. There were inconsistencies like educators not supervising learners in detention classes, some of the educators were sabotaging the system by not putting into practice the measures and strategies which were put in place to maintain discipline and so forth. The School Management Teams did not capacitate the Representative Council of Learners so as to assist in the monitoring of discipline. The Department of Education is not supportive in the maintenance of discipline in the schools under study in Graaff Reinet District. To address disciplinary problems, the study has the following key recommendations Policies should be crafted by all stakeholders for ownership and there should be collaboration in implementation of those policies.. The Code of Conduct should be issued to all learners at the school at the beginning of the year in the language of preference, with school rules. Learners should know the consequences of transgressing the Code of Conduct. SMTs should adopt different management styles so as to take action against educators who are failing the system of maintaining discipline. Educators should realise that it is their duty to maintain discipline in schools; therefore they should stop complaining about disciplinary problems. Educators should engage the Department of Education to conduct workshops in building capacity of educators to maintain learner discipline. Schools should establish partnerships with other sister Departments such as SAPS, Social Development, Correctional Services, Health to, maintain learner discipline.

MEd / Department of Education Management

The World Prison Brief Walmsley (2001:2) reveals that there are 8,7 million people held in penal institutions throughout the world, either as pre-trial detainees or having been convicted and sentenced. Although the rising prison population in South Africa is of great concern, it is certainly not just a South African problem, but an international phenomenon. Prison overcrowding and the resultant financial and human rights problems related to this phenomenon, remain one of the paramount concerns of both developed and developing countries. Overcrowding of prisons negates the rehabilitation of offenders, undermines human dignity in correctional facilities and renders the safety and security of offenders and the community vulnerable. Another problem facing the Department of Correctional Services is the control of communicable diseases and viruses, particularly HIV/AIDS and Tuberculosis. The problem of overcrowding facilitates the easy spread of communicable diseases among inmates. Imprisonment as a sanction remains a reality. Providing alternatives to imprisonment, for example, community based-sanctions, does however ensure that a significant number of offenders can be dealt with in a more balanced manner. Alternative sanctions to incarceration can be more successful, less costly to the state, have fewer negative implications and will lighten the load for the criminal justice system, hence reducing overcrowding. In order to reduce the overcrowding in prisons there has to be a reduction in the number of both awaiting-trial and sentenced prisoners. Reducing the inflow of offenders from the courts to the prisons and trying to get minor offenders in prison to be released should accomplish this. Courts and magistrates must break away from centuries of reliance on imprisonment as punishment. If more people show interest in the human rights of incarcerated prisoners, then further effort will be placed on resolving the overpopulation problem facing the Department of Correctional Services. / Criminology / (D. Litt et Phil.(Penology))

Although s 9 of the new Constitution 1 guarantees the right to life, there is no express provision which abolishes the death sentence. Whereas in the past the death sentence could only be avoided by the exercise of judicial discretion or political and public pressure, its imposition will now have to be entirely re-evaluated. Not only are all the laws of the country subject to the new Constitution, 2 but so too a Constitutional Court will be operational which will have the power to test the constitutionality of any such laws. By looking at the standards and relevant issues which are considered to define the constitutionality of the death sentence internationally, reviewing current application of the death sentence in South Africa, drawing comparisons, and by studying the problems unique to the South African situation, it will be the aim of this dissertation to determine how the death sentence will fare under a Constitutional Court. / Criminal & Procedural Law / LL. M.

South Africa's education management system has undergone a long history of transformation from the promulgation of the Bantu Education Act of 1953 to the realisation of democracy, and in this context, the South Mrican Schools Act (SASA) of l996. Apartheid legislation and the new democratic legislation have had a profound impact on the education leadership and management of schools, in which authoritarian management practices have been replaced by democratic management practices. However, democratic management practices have not yet had a significant effect in the leadership and management of schools, especially in the schools of previously disadvantaged areas. This thesis seeks to examine perceptions held by education stakeholders in the light of the rights of students as stipulated in the discipline provisions of the Schools Act of 1996, in one of the rural high schools in the Northern Region of the Eastern Cape Province. One of the most important discipline provisions is the ban on corporal punishment in schools. My intention in carrying out this research was not to generalise my findings but to understand the experiences and perceptions of the stakeholders in this school regarding the discipline provisions of the SASA. The data suggest that authoritarian education practices, especially corporal punishment, are still a factor in the maintenance of student discipline in this rural school. Stakeholders still believe in the use of corporal punishment as the only way of maintaining discipline and an orderly environment for teaching and learning. Such beliefs, assumptions and values concerning the use of corporal punishment are held by the principal, teachers, students and parents and have not changed since 1996. Beliefs, assumptions and values on the exclusive use of power by the principal on issues of suspension and expulsion are still being held by the above stakeholders in the school. The vision of the SASA that schools become autonomous institutions with democratic leadership and management practices does not seem to be practical because of the centralisation of power in the hands of the Provincial Head of the Education Department. This centralisation of power denies the principal and other stakeholders of the school the power to decide on crucial matters like the expulsion of misbehaving students, because it is the provincial Head who decides on the seriousness of offences committed by misbehaving students and subsequent expulsions. Apart from the location of power in the Provincial Head of the Education Department, the stakeholders of this school are also powerless on expulsion of students, or any other form of punishment because of the implication of the "right" to education in the Bill of Rights in the Constitution of the Republic of South Africa. The education department has to devise programmes that change the beliefs and assumptions of stakeholders on corporal punishment and decision-making on expulsions and suspensions. Unfortunately corporal punishment persists because parents use it in the home and support its use in school. Programmes on alternatives to corporal punishment are required for the smooth implementation of the SASA.